Disposed

Mahanthesha v. G.M. Jagadeesh

Karnataka HC25 Jan 2024MFA/1616/2016

Case brief

AI extract

What is this about?

Motor accident claim appeal settled at Lok Adalat: the insurer agreed to pay Rs. 1,00,000/- additionally over the tribunal award in full and final settlement via a joint memo, to be deposited with the tribunal within six weeks or attract 9% interest on default.

What did the court decide?

Enhanced lump-sum compensation of Rs. 1,00,000/- payable by the insurer in addition to the tribunal award, deposited within six weeks else 9% p.a. interest.

Mahanthesha Vs G.M. Jagadeesh — Motor Accident Claims | Karnataka HC (2024)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JANUARY 2024

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR

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SMT. KAVERI, MEMBER

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M.F.A.No. 1616/2016 (MV) (Lok Adalat No. 2883/2023)

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BETWEEN:

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Mahanthesha

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S/o Borajja @ Boraiah,

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Aged about 22 years,

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Coolie Work, R/o Gunthakolammanahalli Village, Nayakanahatti Hobli, Challakere Taluk, Chitradurga District. ...APPELLANT

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(By Sri. Vijay Kumar S.C., Advocate)

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AND:

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G.M. Jagadeesh S/o J.M. Mallikarjunaiah, Aged about 32 years, R/o #79, Kumbara Colony, Geddala Katte Village, Kudligi Taluk – 583 135, Bellary District.

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The Branch Manager, IFFCO TOKIO General Insurance Co. Ltd., #7/432, P.L.D. Bank Building, Lawyers Road, K.B. Extension, Davanagere – 577 002. …RESPONDENTS

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(By Sri. B.C. Shivanne Gowda, Advocate for R-2)

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MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.08.2015 PASSED IN MVC NO. 123/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant - Claimant is present.

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The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.

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After prolonged negotiations, the matter is settled amicably. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant - claimant has agreed to receive and the respondent -

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Insurance Company has agreed to pay a lump-sum of Rs. 1,00,000/- (Rupees One Lakh only) in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is accepted.

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The Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.

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The entire enhanced compensation amount shall be disbursed in favour of the appellant / claimant, on proper identification.

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This Miscellaneous First Appeal stands disposed of in terms of the Joint

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memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

Mahanthesha v. G.M. Jagadeesh

Case brief

What is this about?

What did the court decide?

Mahanthesha v. G.M. Jagadeesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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